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[House  Bill,  ^No.  8.] 

HOUSE  OF  REPRESENTATIVE.— January  nth,  \30J.    Read 
the  first  and  second  times  and  ordered  to  be  printed. 

[By  Mr.  Foster.] 


J^  BILL 

To  be  entitled  An  Act  to  amend  An  act  entitled  ''An  act  to  regulate 
the  destruction  of  property  under  military  necessity  and  to  provide 
for  the   indemnity  thereof."     Approved  the    17th   day   of  March, 

1  Whereas,  by  the  Constitution  of  the  Confederate   States  of 

2  America,  it  is  guaranteed  to   the  citizens   thereof,  that  private 

3  proporty  shall  not  be  taken  for  public  use  Avithout  just  compen- 

4  sation,  which  provision  the  Government  is  bound,  in  good  faith, 

5  to  support  and  maintain,  as  well  in  v;ar  as  in  peace,  and  much 
G  •  private  property  having  been  destroyed  under  the  act  to  which 

7  this  act  is  to  be  an  amendment,  without  any  just  compensation 

8  having  been  made  to  the  owners,  and  no  adequate  indemnity  having 

9  been  provided  by  said  act  of  Congress  to  compensate  the  persona 


10  thus  injured  in  the  future,  they  have  just  cause  to  comphiin  that 

11  their  constitutional  guarantee  has  not  been  faithfully  kept,  that 

12  the  burthens  of  the  war  fall  une(|uaily  upon  them,  operating  the 
\o  more  oppressively  because  they  have  to  pay  their  proportion  of 
11  taxes  and  other  burthens,  although  their  chief  means  arc  taken 
1.5  from  them.     I'or  remedy  Avhereof, 

1  StCTiox   1.   T/ic  Congress  of  iJic  Conftdcratt  Stales  of  America  do 

2  enact,  That  the  second  section  of  the  act  aforesaid  be,  and  it  is 
d  hereby,  repealed. 

1  Sec.  2.  i^c?7/z^r^/icrc;i«c/cci,  That  all  property  destroyed  under 

2  military  authority  of  the  Confederate  States  of  America,  shall  be 

3  paid  for,  making  to  the  respective  owners  just  compei^ation,  on 

4  the  owner  or  owners  making  proof  of  the  destruction  thereof  by 
.5  the  military  power  of  said  Coi'^fcderatc  States — the  quantity  of 
G  the  property  thus  destroyed,  the  value  and  ownership  thereof. 

7  One-half  shall  bo-  paid  in  treasury  notes  of  said  Confederate 

8  States,  and  the  other  half  in  bonds  of  said  Confederate  States, 
,0  having  twenty  years  to  run — bearing  interest  at  eight  per  cent. 

10  per  annum — which  interest  shall  be  paid  semi-annually. 

1  Sec.  0.  Be  it  further  enacted,  That  if  any  person  or  persons 

2  have  heretofore  voluntarily  destroyed  his  or  their  own  property, 

3  to  prevent  the  same  from  falling  into  the  hands  of  the  common 


3 

4  enemy,  a  just  compensation  shall  be  made  to  the  person  or  per- 

5  sons  injured,  in  like  manner  on  the  owner  or  owners  proving  the 
G  necessity  of  such  destruction  to  keep  it  from  falling  into  the 
7  hands  of  the  enemy,  the  ownership,  tlic  quantity  of  property 
S     destroyed  and  the  value  thereof. 

1  Si:c.  4.  Be  it  further  enacted,  That  in  ^ase  property  shall  be 

2  destroyed  hereafter  by  the  military  of  the  Confederate  States  to 
d  keep  it  from  falling  into  the  hands  of  the  enemy,  the  same  shall  be 
4  paid  for  by  the  said  Confederate  States,  on  the  owners  proving  the 
o  destruction  thereof  by  the  military  of  said  States — the  quantity 
G  of  property  destroyed — the  value  of  the  same  and  ownership. 

7  One-half  shall  be  paid  in  treasury  notes  and  the  other  half  in 

8  bonds  of  said  Cofederate  States,  the  bonds  to  have  twenty  years 

0  to  run,  to  bear  interest  at  the  rate  of  seven  per  cent,  per  annum, 
10  which  interest  shall  be  paid  semi-annually. 

1  Sec.  5.  Be  it  further  enacted.,  That  the  owners  of  the  property 

2  so  destroyed,  or  which  may  hereafter  be  destroyed,  shall  be  paid 
;]  for  the  same  at  the  price  or  value  thereof  at  the  time  the  pro- 
4  perty  was  destroyed. 

1  Sec.   6.  Be  it  further  enacted^  That  inasmuch  as  the  Constitu- 

2  tion  provides  for  the  payment  of  a  just  compensation  at  the  time 

3  the  property  is  taken  from  the  owner  for  public  use,  the  owner 


4 

4  or  owners'of  property  ilcstroyed  shall  be  entltledgto  interest  on 

5  the  value  of  the  property  from  the  time  of  its  destruction  at  the 

6  legal  rate  established  by  the  State  of  the  owner's  residence. 

1  Sec.   7.   Be  it  further  enacted.  That  in  order  to  carry  into  effect 

2  the  provisions  of  this  act  and  the  act  to  -which  it  is   p.n  amend- 

3  ment,  according  to  their  true  intent,  a  commissioner  shall   be 

4  appointed  for  each  Congressional  Distjict  in   the  several  States 

5  of  the  Confederacy,  "whose  duty  it  shall  be  to  examine  with  care 
G  into  the  losses  sustained  by  the  destruction  of  property  as  afore- 

7  said,  and  to  that  end  he  shall  h:.ve  power  to  call  witnesses  before 

8  him  and  to  examine  them  under  oath.     To  issue  commissions  to 

9  examine  witnesses  in  the  army  or  navy,  or  in  other  Congressional 
10  Districts,     He  may  also  examine  the  parties  themselves. 

I         Sec.  8.  Be  it  further  enacted,  Thatnt  shall^be  the  duty  of  the 

3  commissioners  appointed  under  this  act  to  keep  correct  records 

3  of  the  claims  presented  to  them   for^^adjustmcnt,  and  tlxe  sub- 

4  stance  of  the  evidence  given  in  support  of  such  claims  as  well  as 

5  the  adjudication. 

1  Sec.  .9.  Be  it  further  enacted,  That  in  case  the  Secretary  of  the 

2  Treasury  or  the  claimant  shall  not  be  satisfied  with  the  decision 

3  of  the  commissioner  in  any  case,  an  appeal  may  be  taken  to  the 

4  Attorney  General  of  the  Confederate  States,  whose  decision  in 


5  the  case  shall  be  final.     In  all  cases  of  appeal  the  commissioner 

G  shall  make  out  a  correct  transcript  of  the  proceedings  before  him 

7  and  send  the  same,  properly  certified  under  his  hand,  to  the  At- 
8*    torney  General,  Avho  shall  decide  the  case  on  the  record,  and  on 

9  deciding  the  same  he  shall  certify  his  decision  to  the  commissioner 

10  ■vvho  shall  enter  the  same  in  liis  records  as  the  decision  in  the 

1 1  case. 

1  Sec.   10.  Be  it  further  enacted,  That  said  commissioners,  rc- 

2  spectively,  before  entering  upon  the  duties  of  his  office,  shall 

3  make  affidavit  before  a  circuit  judge  of  his  district,  or  before  the 

4  probate  judge  of  the  county  of  his  residence,  to  the  effect  that 

5  he  "will  faithfully  perform  the  duties  of  his  office  with  integrity 
G  to  the  best  of  his  skill  and  ability,  -^'ithout  favor  or  any  undue 
7  influence, 

1  Sec.   11.  ^c  it  further  enacted,  That  said  commissioners,  re- 

2  spectively,  shall  be  paid  eight  dollars  per  day  during  the  time 

3  engaged  necessarily  in  the  performance  of  duty,  including  the 

4  time  of  necessary  travelling,  to  be  paid  by  the  Treasurer  of  the 

5  Confederate  States  on  the  certificates  of  the  commissioners  re- 

6  spectively. 

1  Sec.   12.  Be  it  further  enacted,  That  on  the  parties,  respec- 

2  tively,  or  their  agents  .presenting  a  transcript  of  the  claim,  the 


5  recorded  evidence  and  the  adjudication  of  the  chiim  certified  by 
4  the  commissioner,  to  be  correct  to  the  Secretary  of  the  Treasury 

6  of  the  Confederate  States,  the  said  Secretary  shall  pay  the  same 
G  or  order  it  to  be  paid  according  to  tlic  provisions  of  the  second, 

7  third  and  fourth  sections  of  this  act. 

1  Sec   13.  Be  itfurtlicr  cimctcd,  That  the  appeal  provided  for  by 

2  the  9th  section  of  this  act  must  be  taken  by  the  claimant  in  ten 

3  days  from  the  time  of  the  decision  of  the  case  by  the  commis- 

4  sioner,  and  by  the  Secretary  of  the  Treasury  in  ten  days  from 

0  the  time  of  the  claim  and  adjudication  being  presented  to  him 
G  for  payment,  and  not  after,  and  the  said  Attorney  General  shall 

7  decide  the  case  on  appeal  ^vithin  sixty  days  from  the  time  the 

8  record  of  the  case  shall  be  submitted  to  him  for  his  decision. 

1  Sec.   14.    Be  it  further  enacted,    That  the   Secretary   of   the 

2  Treasury  shall  have  the  appointment  of  the  commissioners  under 

3  this  act. 


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